High Court of Judicature at Allahabad
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Dr. Vinay Kumar Srivastava v. State Of U.P. And Others - WRIT - A No. 41868 of 2006 [2006] RD-AH 12969 (4 August 2006)
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Hon'ble Amitava Lala, J.
Hon'ble V.C. Misra, J.
Transfer is an incident of service. It should not be interfered with unless there is apparent illegality, malafide or cause of exceeding jurisdiction. This is not such a case. Therefore, we do not want to interfere with the same.
However, subject to joining of the petitioner in the transferred place he will be entitled to place his representation to the appropriate authority about his personal inconvenience for the purpose of due consideration, who will do the same sympathetically and take a decision preferably within one month from the date of making such representation upon giving fullest opportunity of hearing and by passing a reasoned order thereon. For the purpose of effective adjudication a copy of the writ petition and its annexures can be treated as part and parcel of the representation.
The writ petition is, thus, disposed of.
No order is passed as to costs.
Dt./- 04.08.2006.
SKT/41868-06.
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